Divorce process documents. Court hearing on divorce case

Divorce- this is a formal interruption of the actual union between spouses. According to the laws adopted in the Family Code of the Russian Federation, divorce is carried out by the civil registry office, otherwise in judicial procedure, depending on the presence of children, or on the wishes of the spouses.

List of documents for divorce through court

List of documentation for divorce through the registry office

The divorce process carried out by the civil registry office is a simplified event, unlike litigation. What documents are needed for a divorce in the registry office depends on certain circumstances, but, first of all:

  • separate or joint - forms No. 8. You can view and download here: ;
  • citizenship passports;
  • marriage certificate;
  • check for payment of the fee (the cost of the fee for divorce through the registry office in 2017 is 650 rubles).

After the documents for divorce are submitted to the registry office, state registration of the divorce occurs no later than thirty years later. calendar days, from the moment of filing the application. During this period, the spouse can withdraw his application, then general statement will be subject to cancellation. The same outcome will occur if one of the spouses fails to appear at the registry office on the appointed day of divorce.

Documents for divorce in the presence of minor children The parent wishing to divorce provides the following to the registry office at the place of registration:

  • birth certificate of children (photocopy or original);
  • petition from the plaintiff requesting a divorce. You can view and download here: ;
  • if necessary, an extract from the house register.

Divorce of a marriage without judicial intervention, without the consent of the other party, is considered a divorce in . Carried out by the civil registry office in the following cases:

  1. Conviction of one of the spouses for a crime for more than three years. A photocopy of the court judgment must be attached.
  2. The second was declared incompetent by a court decision. A photocopy must be attached court decision about incapacity;
  3. The second spouse is considered missing. It is necessary to present a document that actually confirms the missing person.

Documents for divorce at the registry office are provided by one of the applicants, in accordance with the legislation of the Russian Federation.

In 2019, the divorce procedure in Russia remains the same. A marriage can be dissolved administratively (through the registry office) or judicially. It is also possible to file for divorce through State Services or MFC (in case of divorce in administrative procedure). To file for divorce you need to comply with everything provided by law procedures.

Grounds and methods of divorce

Current Russian legislation There are two options for divorce: (registration authorities civil status, i.e. administrative procedure) and (judicial procedure). Of course, from a legal point of view, the easiest way to separate is by submitting an application to the registry office, but not all divorcing couples have this opportunity - for example, you will have to go to court for a divorce, if the spouses have common minor children, if one of the parties (husband or wife) does not agree to divorce, or if they have disputes about the division of property.

You can contact the civil registry office only if certain conditions are met:

  • both spouses submit a joint application, do not object to separation, and also do not have common children who are under 18 years of age;
  • Only one spouse files for divorce, while the second one was either sentenced to a long term for a crime (more than 3 years), or was declared incompetent or missing by a judge’s decision.

Writing an application

An application for divorce must be submitted to the registry office, which may be located:

  • at the place of residence of both spouses (living together) or at the place of residence of either party;
  • at the place of registration of the marriage.

The application must include all information about the spouses (names, surnames, addresses, passport details), as well as the grounds for divorce.

Payment of state duty

In a divorce, each party family relations must pay for the state service of dissolving a family union. According to the current tax legislation, the amount of this duty is set at 650 rubles for each spouse.

If the marriage ends in unilaterally on the basis of incapacity, unknown absence or long-term conviction of one of the spouses, the second spouse pays only 350 rubles. In such a divorce, you need to remember that:

This period is provided so that those divorcing can rethink decision. Only after confirmation of readiness to complete the divorce procedure will the former spouses be issued a divorce certificate.

You can also file an application for divorce at the registry office or.

Divorce in court

Any judicial procedure always provides for certain difficulties and duration of resolution of the case. This is also true for divorce proceedings. You should get a divorce through the court if:

  • the husband and wife have common children who have not reached the age of majority;
  • spouses cannot independently resolve property disputes;
  • one of the spouses does not consent to a peaceful separation or refuses to submit joint statement at the registry office.

Applying to the court begins with filing a statement of claim for divorce, which must be drawn up in accordance with all the rules for its speedy acceptance by the court for consideration.

Which court should I go to?

There is a fee for going to court National tax:

  • 600 rubles for a simple divorce;
  • up to 60,000 rubles when dividing property (the amount of state duty in this case depends on the price of the claim).

Deadline for reconciliation

The judge, at his own discretion, determines whether it is possible to save the family. If there is even a minimal probability, then he can set a deadline for the husband and wife for reconciliation. Such a period cannot be more than 3 months, but cannot be less than 1 month. In order to reduce the term appointed by the court, the parties have the right to ask the court for this, providing justification for such a reduction.

Court hearing and issues resolved by the court during it

Court hearing held on a day appointed by the judge. The parties are notified in advance of this date and time of the hearing. The following issues may be resolved by the court:

  1. On the collection of child support.
  2. About recovery (spouse).

The court's decision

In divorce proceedings, a court decision is one main document, because it is on its basis that the marriage will be declared dissolved. In addition, it is on the basis of the decision of the judicial authority that a certificate of divorce is issued.

The court's decision on divorce entails legal consequences only after it comes into force. To do this, it is necessary for a month to pass after its issuance, allotted for the possibility of appealing it.

Judgment may be appealed to a higher authority. This can be done not only by the plaintiff or defendant, but also by any third party participating in the case. In addition, when appealing, it is permissible to appeal not only the fact of divorce itself, but also how the court divided the jointly acquired property or determined the place of residence of the children.

Certificate of divorce and possibility of changing surname

Certificate divorce is issued by the registry office. To receive it, you must submit an extract from the court decision on divorce. An extract (it indicates everything that the civil registry office must take into account when taking actions to issue a certificate) must be issued within 3 days from the date the decision comes into force. If it is difficult or impossible to obtain, then a copy of the court decision is also suitable for presentation. A certificate is issued to each party; to obtain it, you need to pay a state fee in the amount of 650 rubles for each spouse. If it is subsequently lost, it can be restored by paying the state fee again.

After divorce spouses have the right to change their surname. This must be done at the time of registering the divorce with the civil registry office, that is, when submitting an application for a divorce certificate. Remember that if you change your last name, you will also have to change your passport!

Special cases

When a marriage is dissolved, there may be situations that require separate consideration.

Divorce without the presence of a spouse

Divorce without the presence of one of the parties is possible in the following cases:

  • if the spouse is physically unable to be present in court or the registry office;
  • if the spouse does not agree to the separation and expresses this by his absence;
  • if the spouse is recognized by the court as incompetent, missing, or sentenced to a term of at least 3 years and is in prison.

If one of the spouses cannot be present during the divorce procedure, then he can authorize a proxy to represent his own interests.

The court may also conduct a trial in absentia. In this case, the defendant is informed about the divorce proceedings, and he must inform about the impossibility of attending the meeting and ask to postpone the hearing or consider the case without him, but if he does not take advantage of this right, the court will make a decision in absentia.

If the defendant fails to appear at the hearing three times for reasons that cannot be considered valid, the court at the last hearing makes a decision on divorce.

With mutual consent, both the civil registry office employees and the judge can dissolve the marriage in the presence of only one of the parties. It must be remembered that in the absence of mutual consent, a marriage can only be dissolved in court.

Divorce from a foreigner

Terminate marriage with a foreign citizen in Russia is possible both through the registry office and in court.

  • Administrative divorce carried out according to the standard procedure for the Russian Federation. It is also possible to dissolve a marriage without the presence of a foreign spouse, but in this case, his or her statement certified by a notary will be required.
  • Divorce in court may be accompanied by a number of difficulties in the absence of a foreign spouse in the territory of the Russian Federation. In such a situation, it is possible to dissolve the marriage without the presence of this spouse, but his application will be required, as well as full compliance with his rights in accordance with the legislation of the country of which he is a citizen.

Divorce from a convicted spouse

If one of the spouses is sentenced to a term of 3 years or more and is in prison, then the second spouse can divorce him administratively. This procedure is possible even if there are common minor children.

When spouses decide to divorce, they need to collect a complete package of documents and contact the relevant government authorities.

The list of documentation is determined by the following factors:

  • type of procedure (administrative or judicial);
  • the presence or absence of consent of the parties.

What documents are needed for a divorce through the registry office?

Divorce in the registry office is simple and quick way termination marital relations. Its use is limited within strict limits. If you want to receive documents in your hands without a judicial procedure, you must satisfy the following requirements:
  • mutual consent of both parties;
  • absence of common children under 18 years of age;
  • no claims regarding acquired property.
For a divorce through the registry office, the following documentation will be required:
  1. . The form must be filled out independently with a representative of the authorized body. If one of the parties (due to service or departure for permanent residence) is not able to participate in the process, it is permissible to draw up two petitions. In addition to the details, the application must have a notary record and signature.
  2. Original marriage certificate. The couple must have only one document in their hands. To obtain a divorce certificate, mandatory you need to submit a marriage certificate. If the second document was lost for reasons independent of persons, it is necessary to order and state registration its duplicate.
  3. Receipt of payment. Current account where you want to transfer the amount Money, must be issued by an employee of the authority.

What documents are needed for a divorce through court?

When divorcing in court, the parties must present the following documents:
  1. Photocopy of the applicant's passport.
  2. Lawsuit.
  3. Receipt of payment.
The application from the plaintiff is accepted on a special form and must fully satisfy the requirements put forward by the Code of Civil Procedure Russian Federation. It is necessary to fill in the following information:
  • name and legal address of the judicial authority;
  • complete information about the applicant and the respondent;
  • dates and places of marriage registration;
  • information about the presence of common children;
  • list of papers attached to the claim.
The list of additional papers depends on the positions of the parties and the requirements of a particular judicial authority. If one of the spouses reveals a desire to save the marriage, in order to obtain a divorce through the court, the plaintiff must provide evidence:
  • a document confirming the applicant’s absence from permanent residence;
  • absence paper common child;
  • act on the treatment of severe forms of alcoholism;
  • petition alleging violation of administrative rules by the defendant.

What documents are needed for a divorce without the consent of one of the parties?

Both spouse and spouse do not have to be present to file for divorce. If for some reason one of the parties cannot come to the courtroom, the list of documents proposed for the case will be different.

One party must provide the court with:

  1. Petition for the desire to register divorce.
  2. Marriage certificate.
  3. A resolution declaring a person missing or incompetent in the event of a neurological or psychological disorder.
Documents for filing for divorce by one of the parties are considered only if it is impossible to continue further relations between spouses. If one of the parties does not want to end the marriage, the court may prescribe a set of measures aimed at reconciliation and restoration of the family. In such situation trial must be delayed for up to three months. If during this time the spouses cannot reach a consensus, the court will dissolve their marriage.

What documents are needed when divorcing a child?

When submitting documents required for divorce, if any minor child The court considers the disputed claims made by each party. If family members have already agreed on everything, it will be enough to attach to the application the birth certificate of the child (children), as well as a certificate of income of the parent with whom he (they) will remain. A divorce from a child can take place without these documents, but the process itself will drag on indefinitely.

In the case when each parent insists on the right to leave behind him, in court must be attached maximum amount papers that positively characterize their character. The documentation provided must also include acts guaranteeing the conditions that the parent will be able to create for their child in the future, namely:

As for jointly acquired property, one of the spouses can represent the interests of both parties only if its size does not exceed 100 thousand rubles. Otherwise, if the spouse does not appear in the courtroom, such issues can be resolved exclusively by the magistrate. If the value of the couple’s jointly acquired property exceeds the above amount, and the spouses indicate a desire to resolve the dispute amicably, then a standard kit documents mentioned earlier. If at the time of filing the petition the woman is pregnant or her child is under one year of age, the court does not have the right to accept a package of documents on the severance of marriage ties.


The divorce procedure takes place over a period of one to three months, depending on the degree of complexity of the situation, and is regulated by Articles 21-23 of the Family Code of the Russian Federation. You can also .

Divorce is the official termination of a couple's registered relationship. Official date the beginning of marriage is considered the day of registration of the act in the civil registry office. Dissolution of the relationship between spouses can occur either through the registry office (most simple form), and through the courts. It takes place at the place of registration of one of the spouses, in their direct presence. However, in in some cases During a divorce, only 1 person is present. Former spouses need to find out in advance what documents are needed to file for divorce.

General provisions

The form of the procedure is determined by the following factors:

  • presence or absence in ex-family children;
  • the presence of property acquired jointly during marriage;
  • consent (or disagreement) of both spouses to divorce.

If the husband and wife do not want to build a family further, and they did not have time to give birth to children or the children are already 18 years old, then the divorce procedure can take place in a simplified form. Documents for divorce without children can be submitted to the registry office if there are no misunderstandings. Simplified procedure official divorce usually allows husband and wife to maintain a conflict-free relationship.
After the agreed joint action with your spouse, you should find out what documents are needed for a divorce. The registry office will give you the following list:

  • statement a certain shape, which must be signed and completed by both participants in the divorce process;
  • marriage certificate;
  • passports;
  • paid receipt (duty 650 rubles is paid by each spouse).

Sample application for divorce through the registry office

If there are children in the family

If there are minors in the family, the procedure is of a different nature. For termination official communication You will need the help of a judge. Often, spouses have the following disagreements:

  • related claims against each other (to prove paternity, to change surname);
  • conflict over who the minor will live with;
  • disagreements regarding child support;
  • property disputes.

If an agreement cannot be reached, then before the court procedure the plaintiff should submit all Required documents to resolve controversial issues.

What documents are needed when filing a divorce if there are minors in the family?

In case of divorce proceedings with the presence of minor children, a lot of documents will be required. Therefore, it is better to settle property issues with your spouse in advance as far as possible and make copies of all the necessary papers.

The list of documents varies depending on whether the couple will divorce at the registry office or through the court. In the first case, you need to collect the following papers:

  • sample application;
  • photocopies of all pages of the passport;
  • document on registration, family composition;
  • property agreement;
  • Marriage certificate;
  • marriage contract, if he is;
  • paid receipt.

If the divorce is carried out through the court, you will need:

  • a statement from the plaintiff indicating the reasons for the divorce;
  • passport, document registering marriage;
  • certificate of registration, family composition;
  • document confirming payment of the duty.

If the child is already an adult, the registry office can divorce the spouses. But only if they have no claims against each other regarding material assets family, and there is mutual agreement on other points.

Divorce by mutual consent

Divorce by mutual consent can be done with or without children. This type of official termination of a relationship is the least traumatic and painful.

The most simple procedure- This is a divorce by mutual consent without children. You can officially terminate the relationship at the registry office. The list of documents is presented above. The period after which the procedure will be completed is 30 days. At the time when documents are submitted to the registry office, it is important for both spouses to be present at the same time.

The procedure may be complicated by:

  • having children (then divorce ex-spouses will be sued);
  • if the family’s property exceeds 50,000 rubles, and it is impossible to divide it independently (the case is also referred to the court).

When terminating an official relationship, the following issues are resolved in court:

  • who will the child stay with?
  • how the division of material assets will be carried out;
  • What is the amount of child support accrued?

With an agreed conversation in court without any claims, the divorce procedure ends quickly. If dialogue is difficult, the judge often appoints the divorcee additional term 3 months to try to restore the family.

List of documents that need to be collected for divorce at the registry office:

  • passport of husband and wife;
  • applications (filled out according to the sample);
  • a receipt with payment of the state duty (in 2017 it is 1250 rubles);
  • marriage certificate.

If the situation of those getting divorced is being considered by the court, you will need:

  • all previous papers;
  • statement of claim (3 copies);
  • birth certificates of children if they are under 18;
  • certificates confirming registration;
  • If the issue of alimony is being decided, you need to get a certificate of income.
  • If only one of the spouses will be present, a power of attorney confirming the interests of the spouse will be required.

Can one of the spouses file for divorce?

Usually the reasons for unilateral divorce are:

  • the reluctance of one of the spouses to participate in the divorce process or his reluctance to end the marriage;
  • the impossibility of one of the divorcing persons to be present during the divorce process.

Such a procedure can be carried out in court and through the registry office. All citizens have the right to free choice relationships. Therefore, circumstances, such as the presence of only one of the spouses during the process, are not an insurmountable obstacle to divorce.

When a spouse does not want a divorce for some reason, the plaintiff files a single petition in court. If the former other half agrees to officially break off the relationship, then the registry office can divorce the couple. A notarized divorce application will be required from the absent person.

There are other cases when the second person's consent to divorce is not required. These include recognition of a spouse:

  • missing;
  • incompetent;
  • criminal (with a sentence of more than 3 years).

When is it wrong to divorce if only one party wants?

  • if the wife is expecting a child and does not consider breaking up the relationship advisable;
  • if the child is given married couple no 1 year.

The most common cases of unilateral divorces are divorce proceedings through the court. They resolve property issues, disputes regarding child support payments, and other disagreements between divorcees.

Sample application for unilateral divorce

The necessary documents for a unilateral divorce are:

  1. Application for the registry office or court (3 copies, one sent to the judge, the second filed in the case, the third sent to the defendant).
  2. Receipt for payment of state duty.
  3. Marriage certificate.
  4. Extract from the Housing Office.
  5. Power of attorney for a representative of an absent person.
  6. When assigning alimony, a certificate of income of the defendant and other significant documents.
  7. An agreement on children concluded peacefully, if there is one.

All documents are submitted in 2 copies.

Last name change

Usually, when getting married, a wife takes her husband's surname. But after termination official relations sometimes she wants to take back her maiden name.

This procedure can be completed both during the divorce and after receiving the divorce document. To obtain the service, you will need to pay a state fee separately. If there are minor children in the family, then the decision is made by the guardianship authorities, taking into account the opinions of both parents.

To change your last name you need special shape a statement that states:

  • applicant's passport details;
  • information about the place of registration;
  • marital status;
  • information about minor children;
  • the surname to which the applicant wishes to change the current one.

Changing your last name requires entering new data into your passport. This step must be taken responsibly. You also need to think about the child’s last name when acting in his interests.

A sample application for a change of surname is below.


Changing your passport after divorce

Many people keep their husband’s last name even after a divorce, because in order to change it, you need to collect a lot of papers and pay a fee. Documents for changing a passport after a divorce are:

  • international passport;
  • insurance certificate;
  • honey policy;
  • driver's license.

If property has to be divided

As noted above, only property over 50,000 rubles is subject to division.

The division of material savings can occur in two ways:

A conflict-free path.

The division of material assets can be carried out on the basis of an amicable agreement on the division of property. This document specifies the property shares of each party and is notarized. This is the only way it gains legal force.

Division of property through the court.

Often spouses cannot come to a common opinion on who will keep this or that property. The more savings a family has, the more difficult it is to decide who will keep material goods. Especially if they are of truly great value to everyone. The court will help resolve the dispute.

First, the court establishes all property belonging to the former family. Then everyone's share is allocated. The next step is for the court to consider the things that each spouse would like to have. If there is an unequal distribution, the court may award compensation to one of the spouses. Upon termination official marriage it does not matter to whom this or that material benefit is registered.

All property is divided in half. But there are exceptions:

  • if the spouse is in prison or undergoing military service;
  • if there are minor children in the family (the parent with whom the child remains remains the majority of the property in the interests of the child).

A marriage contract concluded at the beginning of an official relationship will help to significantly ease the problem of division. But usually, when marriage occurs, people believe that love and trust for each other is indestructible. Therefore, a marriage contract is drawn up by a very small number of people.

It is not uncommon to go to court when breaking up a relationship that was not official, the so-called civil marriage. According to the law, if a man and woman were cohabitants, then in the absence of a peace agreement, the property can be divided by the court. This is called the division of property between the persons who ran the household.

What property can be divided?

According to Article 34 of the Family Code, when such a relationship is broken, everything acquired jointly is divided, namely:

  • all movable property: cars, motor vehicles, bicycles;
  • real estate: apartments, houses, dachas, garages;
  • savings, fees for physical and intellectual work;
  • prizes.

Important! The debts of the spouses are also divided. For example, mortgage or loan debt is divided in half. And it also doesn’t matter who the loan is issued to.

Necessary documents for divorce and division of property:

  • statement of claim;
  • passport;
  • a receipt of paid state duty (for the first time submitting documents it is much less);
  • a notarized power of attorney for a lawyer who is ready to represent the interests of one or another party in court.

How long does it take to file a divorce?

When collecting documents for divorce, you should not forget that all cases related to the dissolution of an official marriage are considered on an individual basis. Sometimes documents may be required that are not on the lists. Especially if the divorce occurs through the courts.

Consideration of the divorce case in the registry office with the consent of both parties takes much less time than the procedure through the court. Usually this is no more than 1 month. In case of divorce in court, the process takes 2–3 months. But the duration of the divorce also depends on each specific situation.

When does a divorce go through court? These cases are specified in Article 21 of the Family Code of the Russian Federation:

  • have minor children (common, natural or adopted);
  • the husband or wife refuses to end the marriage;
  • one of the spouses refuses to submit an application or does not appear at the registry office.

How does divorce happen through court?

Who has the right to a judicial divorce?

  1. Any of the spouses.
  2. Guardian of the spouse if the court has declared the spouse incompetent.
  3. Prosecutor. He can file a claim when required based on the interests of an incapacitated or missing person.

According to the Law "On the Prosecutor's Office of the Russian Federation", the prosecutor can act as a plaintiff in civil case because it protects people's rights.

The husband cannot file a claim without the consent of his wife if she is pregnant or a year has not passed since giving birth, even if the child was stillborn or died before the age of one (Article 17 of the Family Code).

Such exceptions were made in order to preserve the health and nerves of the mother and child, since legal burdens negatively affect their well-being.

Which judge should I contact?

There are magistrate and federal judges. Each category is competent to conduct the process only when certain conditions. The categories differ in form and status. With federal judges having stricter professional demands, these servants of Themis are considered more competent in cases.

If both spouses agree to divorce and they have no disputes about the children, you need to go to a magistrate. If spouses argue about children or about property, then they need to go to the district court with a claim, cases are heard there by federal judges (Articles 23-24 of the Code of Civil Procedure of the Russian Federation).

Reasons for divorce in court

Divorce by court is considered possible when the court clearly establishes: the family has broken up, further living together spouses is not possible (Article 22 of the Family Code).

IN Family Code The reasons for divorce are not established.

The most common reasons cited are: marital infidelity, gambling addiction, alcoholism, drug addiction, sexual dissatisfaction, discrepancy in life interests, disagreements on financial matters, non-compliance with the terms of the marriage contract.

Spouse against divorce

If couple agree divorce through the court, then the court dissolves such a marriage without finding out the reasons for the divorce (this is stipulated in Article 23 of the Family Code).

If the plaintiff does not tell the court the reasons divorce, the court may temporarily stop the claim. But do not refuse, but only offer reconciliation, and give three months for this (Article 22 of the UK). If the spouses have resolved the conflict, the proceedings are stopped. In this case, any of the spouses can again file a claim, then the court returns to the consideration of the case and makes a decision.

If one of the couple is against, the plaintiff must describe in detail the reasons that forced him to go for divorce, tell why the marriage broke up, and what exactly prevents it from being restored. The court, having studied the materials, decides whether the couple’s life together is possible in the future.

Evidence in such a case may include committed offenses of the party ( cruel treatment, violence, insults):

  • witnesses (the plaintiff must apply to call witnesses);
  • written evidence (certificates from the emergency room about beatings, police records) - they are included in the case.

In any case, the divorce will end in a positive decision. The only difference will be in the timing. If there is agreement of both parties, then the divorce will be obtained at the first hearing; if there is no agreement, several meetings will be held.

How to divide children and property

Such issues are considered in parallel with divorce proceedings. During the process, one or both parties may demand from the court and (or) designate with which parent the child should subsequently remain, and how and to whom child support will be paid.

If there is agreement on such issues or the spouses want to resolve these issues later, they can write in the lawsuit that they have no disputes or describe in detail to the court the essence of the agreements reached.

You can read more about the features of divorce with children in.

Reconciliation and refusal to divorce

The defendant has the right to petition to postpone the case for a while to give the husband and wife the opportunity to save their family. The court is cooperative and usually gives a period to resolve the conflict (up to three months).

When the judge himself decides to resort to this procedure (the plaintiff, for example, does not speak very confidently at the hearing), then this period can be reduced only if both the plaintiff and the defendant make this request to the court.

Naturally, the conciliation period delays the matter. Even if the plaintiff considers such a procedure unnecessary, there is a positive point for him: it will be more difficult to challenge the decision in the case in a higher court.

The plaintiff has the right to refuse a divorce. It is valid until the court has retired to the deliberation room. The case ends with a settlement agreement, which can include property.

Refusal of the claim does not mean that the marriage cannot be dissolved later. If the spouses' relationship deteriorates, they can sue again. The divorce case is terminated (and the marriage, accordingly, is preserved) if, after the expiration of the period that the judge set aside for reconciliation, the plaintiff does not come to the meeting.

Deadlines for filing a divorce

On average, the divorce process will require two to four court hearings (if one party is against the divorce). If the parties agree, a decision is usually made at the first meeting.

The minimum period for filing a divorce is a month and 11 days. If the decision came into force earlier than this period, it will be illegal.

The average time for registration when spouses agree to divorce is one and a half months and 1.5-3 months if someone does not agree, sometimes more than 3 months.

Circumstances that affect the processing time:

  • norms Family law(divorce is not carried out before a month from filing a claim);
  • norms of the Code of Civil Procedure of the Russian Federation (provide a period for appealing a court decision before it enters into force);
  • the workload of the court and the degree of efficiency of the mail, which notifies the parties;
  • complaints about the illegality of judicial actions (may increase the registration period by another 2 months);
  • correction of errors and clerical errors (increase the processing time by 1-3 weeks);
  • inaction of any party.

Cost of divorce through court

IN Tax Code RF (Article 333.19, clause 5) stipulated. At the beginning of 2018, it is 650 rubles.

Both spouses pay this amount if:

  • there is their consent to break up the marriage, there are no children (minors), there are no property disputes;
  • divorce is carried out in court.

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